On Monday, TikTok and its parent company, ByteDance, will face off against the US Justice Department in a crucial legal battle in Washington, DC.

 

The companies are seeking to prevent a potential ban of the popular video-sharing app, used by 170 million Americans.

 

A three-judge panel from the US Court of Appeals for the District of Columbia will hear oral arguments on whether TikTok should be forced to divest its US assets or face a nationwide ban by January 19. TikTok and ByteDance argue that the law is unconstitutional and infringes on Americans’ free speech rights, marking a “radical departure from this country’s tradition of championing an open Internet.”

 

The core issue driving this legal standoff is national security. US lawmakers and the Justice Department argue that TikTok’s Chinese ownership presents a serious risk, potentially allowing the Chinese government to access personal data or manipulate information. ByteDance maintains that divesting TikTok’s US operations is not feasible and warns that a ban would result in an unprecedented disruption.

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The case’s timing adds complexity, coinciding with the final months of the 2024 presidential campaign. Both Donald Trump and Kamala Harris are active on TikTok, using the platform to engage younger voters. President Joe Biden may extend the January 19 deadline if ByteDance shows progress in selling TikTok’s US assets. However, Trump has expressed that he would not support a full ban if re-elected, creating a political paradox.

 

Both parties have requested a ruling by December 6, potentially allowing the US Supreme Court to consider an appeal before the proposed ban takes effect. The White House aims to end TikTok’s Chinese-based ownership in the interest of national security. As TikTok’s legal team prepares to argue its case, the stakes remain high for the platform’s millions of US users and ByteDance’s global business.

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By Akanji Philip

Correspondent at Voice Air Media.

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